Pokémon fever has taken the world by storm. It seems as though everyone is playing. At the park, kids fly by on skateboards, staring at their phones from one Pokéstop to another. Parents push their babies along in strollers, staring at their phones and flicking their screens as they attempt to capture a rare Pokémon. My wife and I are among them. We love the game. But as a personal injury attorney, I see potential accidents, injuries and liabilities everywhere.

A man in Australia recently made an unplanned Pokéstop when his car crashed into a school. Responding officers reported the man was playing Pokémon Go when he lost control of his vehicle and broke through a fence and into the school. Fortunately, no one was injured, but those involved in the next Pokécrash may not be so lucky.

One of the first things I do after initiating a lawsuit for a car accident injury is subpoena the negligent driver’s phone records. If the negligent driver was texting or talking on the phone at the time of the accident, my client, the injured victim, may be able to recover punitive damages. Cell phone use is a factor to be considered when assigning liability. The latest figures suggest that about 1 in 4 auto accidents involve the use of mobile devices.

For the same reasons, playing Pokémon Go while driving increases the chances of causing an auto accident. Please consider others and do not attempt to play Pokémon Go while driving.

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